software services
Query (Issue) Started By: – Madhavan iyengar Dated:- 6-1-2019 Last Reply Date:- 7-1-2019 Goods and Services Tax – GST
Got 8 Replies
GST
X is a software company based in india and has exported services in fy 13-14/14-15/15-16 to its related party which is a separate incorporated company in europe and also claimed refund of input services under rule 5A as it satisfies all conditions
issue: Due to some international tax judgements in European union there is a upward revision in the pricing of all the earlier contracts and the foreign company has paid the additional amount in fy 17-18 after making calculations based on the judgements and this is a significant amount.
this additional amount which is received in m
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as under: –
The period involved is prior to 01.07.2017, that is, the date on which GST Acts came into force. I presume that since you have exported the service under rule 6A of Service Tax Rules, 1994 you would have complied with conditions specified there. Export of services is exempted from payment of service tax. TAx/duty paid on input services and inputs utilised for exporting the service can be claimed under Rule 5A of CENVAT Credit Rules, 2004. Since the exported service is exempted from payment of service tax, the reduction in serviced charges of the exported service will not affect the credit already availed by you and the claim for refund of the credit of tax/duty paid on input services/inputs will not be affected by such reductio
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